Thumbnailing / Copyright Infringement question
 

Hey all..

I plan to offer bulk packages of hosted galleries (with high quality thumbs) using the purchasers' affiliate codes to be imported into Comus.

My question is, what are the guidelines for doing so.. is it legal under fair use exemption? Should I first contact each affiliate program? I know similar thumbnail services are offered as I've seen them advertised on the boards.. any one have suggestions? :helpme

Samples (from Teen Revenue and Phil Flash Cash sites thus far):
http://www.tgpfactory.com/high-quality-thumbnails/

Bump bump :) Anybody have any insight?

You're asking a bunch of webmasters legal advice.........

i dont think any sponsor will mind.

:1orglaugh :1orglaugh :1orglaugh
Not so much legal as ethical.. will affiliate programs chop off my nuts for doing this? :winkwink:

That was my thought.. that as long as I'm promoting their sites and not using the content for other purposes, they wouldn't give two shits.

this was debated about 3 years ago, when thumb tgp's became all the rage.

yes, its legal, unless the photo is not.

and know your sponsors too.

If the affiliate you are selling it to are promoting the sponsor the image belongs to, I don't think you will be having any problems.

Now if you sell those images to a buyer and that buyer is promoting another sponsor with their images - that may be the problem because he 'bought' it from you.

From my understanding though, the copyright infringement still remains on the one hosting the thumb and not promoting the sponsor - however, I'm sure if sponsors see a trend they may ask you to stop.

**But I haven't seen it happen - normally, people would want to put more galleries with more unique thumbs so there is more in the rotation and people think it's always fresh.

Thanks very much to both sponsors for your input :) I'll be sure to keep you informed if I thumbnail FHGs promoting your sites.

I wouldn't even worry about it, webmasters sell/transfer their thumb dbs all the time. You're just selling it more than once. :)

I'd be more concerned about people ripping off your derivative work. Make sure you have an agreement with your buyers that your thumbs are only to be used on specific domains, so you can tell immediately if someone has stolen them.

I agree with others.... The ethical issues take more significance than legal ones.